Federal Law on the International Regulations for
Preventing Collisions at Sea

Ata Atun, Clelia Theodolou, Other Committee Members

Foundation Agreement

Annex III, Attachment 11, Law 28

Federal Law on the Implementation of the
Convention on the International Regulations for Preventing Collisions at Sea

Short Title

This Law may be cited as the Federal Law on the Implementation of the Convention
on the International Regulations for Preventing Collisions at Sea, 1972, as
amended.

Interpretation

2.(1)
In this Law, unless the context otherwise requires–

“Company” means the owner of
the ship or any other organisation or person such as the manager or the bareboat
charterer, who has assumed the responsibility for the operation of the ship from
the owner and who on assuming the responsibility has agreed to take over all
duties and responsibilities owner under this Law and the Convention and the Regulations made for it’s implementation;

"Convention" means the Convention on International Regulations for Preventing
Collisions at Sea 1972,,as amended
by resolutions A. 464 (XII) A. 626(15), A.678(16), A.736(18), and A.910(22) of
the International Maritime Organisation of the IMO Assembly in 1981 and 1987,
respectively, as may be in force from time to time in Cyprus;;

“Court” means a court of competent
jurisdiction;

“Cyprus” means the United Cyprus Republic;

“Cyprus port” means
a harbour basin within Cyprus and includes its anchorages and roadsteads;

“Cyprus ship” has the meaning assigned to it by the
Federal Law on Merchant Shipping (Registration of Ships, Sales, and Mortgages);

“Department” means the Department having the responsibility for maritime
affairs;

“Foreign ship” means a ship which is
not a Cyprus ship;

“Gazette” means the federal Official
Gazette;

“Member” means the member of the
Presidential Council responsible for the department;

"owner" means the person who owns the ship or a share therein and is registered
as such in the Register of Ships of the flag state;

“Prescribed” means prescribed by a public instrument;

“Presidential Council” also includes
the Transitional Federal Government referred to in Article 41 of the
Constitution of the United Cyprus Republic;

“Public instrument” includes Regulations and Orders
published in the Gazette and rules, instructions, directions, notices,
notifications and circulars made or issued under this Law;

“Recognized bank” means a commercial
bank registered with the Central Bank of Cyprus;

“Recognised organisation” has the meaning assigned to it by the Federal Law on
Merchant Shipping (Recognition and Authorisation of Organisations);

“Rule” means, for the purposes of
this Law, unless is otherwise indicated a rule contained in the International
Regulations;

“Ship”
means the “vessel” as defined in Rule 3(a) of the International Regulations;

“Traffic separation schemes” means
the traffic separation schemes adopted, in accordance with the provisions of
Rule 1(d) and 10 of the International Regulations, by the International Maritime
Organisation;

(2) Words and phrases used in this Law and
not defined herein, have the meaning assigned to them by the Convention and the
International Regulations.

(3)For the purposes of this Law, the English text of the Convention and of
the International Regulations prevails.

Scope of Application

3This Law applies to-

(a)
Cyprus ships subject to the provisions of the Convention irrespective of where
they may be; and

(b)
Foreign ships, irrespective of the flag they are entitled to fly, whilst they
are within the territorial waters of Cyprus to the extent that such ships are
subject to the provisions of the Convention.

Competent Authority

4.(1)The Competent Authority
for the application of the provisions of this Law, the Convention, and the
Regulations made for it’s implementation, shall be the Directorate of Maritime
Affairs.

(2)
Without prejudice to the generality of subsection (1), the Competent Authority
shall have all the powers and competencies which by virtue of the Convention may
or are required to be exercised by Cyprus as a Contracting Government to the
Convention, except those which have been specifically reserved, under this Law,
for the Member.

Supervising Authority

5.(1)
The Member shall be the supervising authority for all matters under this Law.

(2)For the purposes of this Law, the Convention and the Regulations made for
their implementation the Member has the power-

(a)to
hear and decide upon hierarchical recourses in accordance with this Law;

(b)to
issue instructions and/or directions to the Competent Authority for the better
implementation of this Law, the Convention, and the Regulations made for their
implementation;

(c)to
authorize the Competent Authority to issue instructions and/or directions to the
owners, masters or any other person related to Cyprus ships;

(d)to
authorize the Competent Authority to issue instructions and/or directions to the
owners and masters or any other person related to foreign ships whilst within
the territorial waters of Cyprus;

(e)to
issue directions indicating contraventions of this Law, the Convention, , and
the Regulations made for their implementation and the range of corresponding
administrative fines for each such contravention:

Provided
always that the Competent Authority retains the right of deciding freely the
amount of the administrative fine to be imposed under this Law, on the basis of
the facts and merits of each particular case, in exercise of its discretionary
power, so long as such discretion is exercised within the framework of such
directions.

(3)The Member may authorize the survey and inspection of any Cyprus ship,
subject to the provisions of this Law, and the issue, on behalf of Cyprus, of
certificates to such ships to surveyors nominated for the purpose or recognized
organizations.

Prohibition of Sailing

6.(1)
The sailing of ships, which are subject to the provisions of this Law, is
prohibited for as long as they do not comply with the requirements of this Law,
the Convention, and the Regulations made for their implementation.

(2)If
during the inspection of any ship the Competent Authority ascertains any
contravention of this Law, the Convention, and the Regulations made for their
implementation deficiencies or irregularities relating to lights, shapes, sound
and light signals, the Competent Authority shall confirm to the master the
particular deficiency or irregularity in writing, call the master to explain the
situation in writing and issue an order prohibiting the ship from sailing until
the Competent Authority is satisfied that-

(a)the deficiencies and irregularities have been rectified and/or the ship
can proceed to sea without danger to the passengers or crew; and

(b)
the charges for the inspection of the ship, in order to
confirm the rectification of the
above deficiencies and irregularities and/or ascertainment of the ability of the
ship proceed to sea without danger to the passengers or crew, have been paid by
or on behalf of the ship; and.

(c)in
case of an administrative fine being imposed in accordance with the provisions
of this Law, such fine has been paid.

(3) An order
prohibiting the ship from sailing under sub-section (2) shall also include
information about the right to hierarchical recourse under this Law.

Criminal Offences

7.(1)A master, who attempts to sail in
contravention of the prohibition of sailing imposed on the ship under the
provisions of this Law and a master or any member of the crew of a Cyprus ship
which fails to observe the provisions of Rules 4 to 19 or the requirements of
any traffic separation scheme, shall be guilty of an offence, and upon
conviction, shall be liable to imprisonment for a term not exceeding two
years, or to a fine not exceeding
five thousand pounds, or to both such sentences.

(2) The owner, the Company, the agent of the ship or any other person who
knowingly aids and/or assists in the commission of an offence under sub-section
(1) commits the same offence.

(3)
A fine imposed
under this Law shall be paid to the Federal Government.

(4) For the
purposes of this section, the competent Court, in case of a ship committing an
offence under sub-section (1), whilst within any Cyprus port, is the competent
Court of the respective constituent State.

Administrative Fine

8.(1)
Without prejudice to sub-section (8), contravention of the provisions ofthis Law, the Convention, , and
the Regulations made for their implementation, shall be punishable, notwithstanding whether a case of criminal
or disciplinary liability arises under any other legal provision, with an
administrative fine not exceeding five thousand pounds, depending on the
seriousness of the contravention.

(2)An administrative fine under sub-section (1) shall be imposed on the
owner or the Company or the master, by a reasoned decision of the Competent
Authority confirming the contravention.

(3)The amount of any fine imposed under sub-sections (1) and (2), shall be
calculated in each case on the basis of directions issued by
the Member under this Law.

(4) The Competent Authority shall notify in writing the person, on whom an
administrative fine has been imposed under sub-sections (1) and (2), of its
decision imposing the administrative fine and, in case the sailing of the ship
has been prohibited under this Law, it shall not allow lifting of the order
prohibiting the ship from sailing under this Law, until the administrative fine
has been paid, or a bank guarantee issued by a recognized bank of equal amount
for the benefit of and with terms satisfying the Competent Authority has been
deposited.

(5) A notification under sub-section (4) shall also include information about
the right to hierarchical recourse under this Law.

(6)Notwithstanding the provisions of
sub-section (4), the sailing of a detained ship which calls regularly in Cyprus
may be exceptionally allowed, for only one single return voyage, without the
previous payment of the administrative fine imposed or the deposit of a bank
guarantee as provided above is effected, so as not to disrupt regular transport
services or for any other exceptional reasons, or if the prompt production of a
bank guarantee has proved practically impossible-

(a)if the Member approves the sailing of the ship; or

(b)a personal guarantee
for the benefit of and with terms satisfying the Competent Authority has been
deposited on behalf of the ship.

.

In such a case the
administrative fine due shall be paid on the first return of the ship to Cyprus.

(7) Administrative fines and bank guarantees shall be paid to the Federal
Government.

(8)No administrative fine shall be imposed on any foreign ship under
sub-section (1) unless the contravention has caused or threatens to cause loss
of life or personal injury or serious damage to property in the territory of
Cyprus.

Hierarchical Recourse

9.(1)A recourse may be filed
with the Minister against-

(a)an
order of the Competent Authority prohibiting the sailing of a ship under this
Law; or

(b)a
decision of the Competent Authority imposing an administrative fine under this
Law.

(2)A recourse under sub-section (1) shall be filed-

(a)
within seventy two hours from the time of issue of the order prohibiting the
sailing of the ship;

(b)
within thirty days from the date of notification of the decision to impose an
administrative fine in the case of a contravention confirmed in a port of
Cyprus;

(c)
within sixty days from the date of notification of the decision to impose an
administrative fine of a contravention confirmed in a foreign port.

(3)A recourse under sub-section (1) shall not suspend the execution of an
order prohibiting the sailing of the ship or of a decision imposing an
administrative fine.

(4)The Minister shall examine the hierarchical recourse and shall, after
having heard the interested parties or having given them an opportunity to
express their views in writing, issue a decision on the recourse pursuant to
sub-section (5)-

(a)in
case the recourse relates to an order prohibiting the sailing of a ship, not
later than twenty-four hours;

(b)in
case the recourse relates to a decision imposing an administrative fine, not
later than ten days;

from the time of the last hearing or of the receipt of the written submissions
of the interested parties.

(5) The Minister may decide-

(a)to
confirm the challenged order or decision; or

(b)to
declare the challenged order or decision null and void; or

(c)to
amend the challenged decision; or

(d)to
issue a new decision in substitution for the challenged decision.

(6) A decision under sub-section (5) shall also include information about the
right to a recourse to the Supreme Court of Cyprus in accordance with the
provisions of the Federal Law on the Administration of Justice.

(7)A recourse under sub-section (6) shall not suspend the execution of a
decision under sub-section (5).

(8) The Competent Authority shall collect any amounts due under a bank
guarantee in relation to an administrative fine imposed under this Law-

(a)if
no recourse to the Minister is filed under subsection (1), after the lapse of
the time limits specified in sub-sections (2)(b) or (c); or

(b)if
no recourse to the Supreme Court of Cyprus is filed against a decision made by
the Minister under sub-section (5), after the lapse of [seventy five] days from
the date of the notification of the decision of the Minister; or

(c)
upon the issue of a decision of the Supreme Court of Cyprus dismissing the case.

Court action for collection of the Administrative Fines

10.In case
of failure to pay an administrative fine imposed under this Law, the Competent
Authority may take steps for the collection of the amount due as a civil debt.

Fines and costs to be a charge on the ship

11. Notwithstanding the provisions of any other Law, fines or
administrative fines imposed under this
Law, as well as any charges for the inspection of the ship after its
sailing has been prohibited under this Law,
constitute a charge on the ship and shall be satisfied in priority against any
other creditors, subject to their ranking after the last mortgage.

Regulations

12.(1) The Presidential Council may make Regulations published in the Gazette
for prescribing or regulating any matter, which, according to the provisions of
this Law, the Convention and the International Regulations, needs to, or may, be
prescribed or regulated.

(2) Without
prejudice to the generality of sub-section (1), the Regulations made under that
subsection may provide for a fine of up to five thousand pounds for the
contravention of any of these regulations.